Medical Marijuana: The Battle of the District Court Judges

Earlier this week Waterford District Court Judge Richard Kuhn Jr. told the Defendant’s before him NOT to use marijuana while out on bond, even if they have a legal medical marijuana card issued to them from the State of Michigan.

In sharp contrast, Ferndale District Court Judge Joseph Longo told Defendant’s that they were free to use their medical marijuana as long as they possess a valid card.

This slight difference in bond conditions between the two courts/judges exemplifies and magnifies the problem(s) with the Michigan Medical Marijuana Act. It is beyond comprehension that a judge has the authority and audacity to order an individual to forgo the taking of legally administered medication. It is akin to a cancer patient being charged with the illegal distribution of cancer medications and, pending the outcome of the case, ordered by a judge to refrain from using those cancer medications.

Check out the rest of the story below:

Judge allows medical marijuana defendants’ use

A district judge in Ferndale said Thursday that he would allow state-approved medical marijuana defendants to keep using the drug while out on bond — a sharp contrast to a Waterford judge’s statement Tuesday that deemed marijuana use by defendants in a parallel case to be a bond violation.

The contrast in treatment for those arrested in metro Detroit’s first major medical marijuana raids showed the breadth of interpretations for the Michigan Medical Marijuana Act, Wayne State University law school professor Bob Sedler said.

After Thursday’s brief hearings for 10 defendants, Ferndale District Judge Joseph Longo told the Free Press that any who were state-approved patients could use marijuana while awaiting trial. The defendants are to appear at a hearing Sept. 20.

Both sets of defendants were arrested Aug. 25 in raids by the Oakland County Narcotics Enforcement Team.

“They have every right to use whatever medications” their physicians prescribe, Longo said.

On Tuesday, Waterford District Judge Richard Kuhn Jr. said none of the 13 defendants in cases assigned to him could use marijuana while free on bond, despite any doctors’ statements they offered about their medical conditions.

After Kuhn’s ruling, former Oakland County Prosecutor David Gorcyca — once a vehement foe of illegal drugs, now a defense attorney — said the Michigan Medical Marijuana Act “gives any of these people the right” to use the drug as medicine.

Oakland County Sheriff Michael Bouchard said Thursday that the two groups included operators and customers of medical marijuana sales outlets, called dispensaries, which he said are not allowed by Michigan’s law.

But medical marijuana advocates, as well as Bouchard, have said the raids and resulting criminal charges — felonies with jail terms as long as seven years — could become landmark cases that force Michigan’s court system to decide such issues as whether dispensaries are legal. Voters in 2008 passed the state law that lets approved patients use medical marijuana and lets approved caregivers provide the drug.

via Detroit Free Press

Neil Rockind, P.C. is leading the way in Michigan Medical Marijuana Defense. If you or a loved one is faced with a violation of the Michigan Medical Marihuana Act, or an investigation by any policing agency regarding such a violation, please contact Neil Rockind, P.C. at jmellas@rockindpc.com or call our office directly at 248-208-3800 to schedule a free consultation!

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